The Sustainable Groundwater Management Act and the Common Law of Groundwater Rights—Finding a Consistent Path Forward for Groundwater Allocation

Abstract

In 2014, the California State Legislature enacted the Sustainable Groundwater Management Act (SGMA), which requires the formation of new local agencies, known as Groundwater Sustainability Agencies (GSAs), to sustainably manage groundwater basins throughout the state. The statute represents the first statewide framework for groundwater management in California. Among other tasks, GSAs, especially those in overdrafted basins, will have to allocate available water among users and set up systems to hold pumpers to their allocated limit. However, SGMA did not change the longstanding framework of groundwater pumping rights established by California courts. This sets up the possibility of conflict between groundwater allocation plans adopted by GSAs and water rights.